CHRISTOPHER ROBINSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Yulia Forest Kohl v. Kohl, 149 So. 3d 127 (Fla. 4th DCA 2014)
  …Our next task is to determine whether the former wife’s complaint stated a cause of action. “To state a claim for negligence, the plaintiff must allege the existence of a duty, breach of that duty, causation, and damages.” Horton v. Free [*135] man, 917 So. 2d 1064, 1066 (Fla. 4th DCA 2006). Regarding the duty element, “ ‘imposition of a duty is nothing more than a threshold requirement that if satisfied, merely opens the courthouse doors.’ ” Demelus v. King Motor Co. of Fort Lauderdale, 24 So. 3d 759, 763 (Fl…
• Mark E. Pomper, M.D., P.A. v. Ferraro, 206 So. 3d 728 (Fla. 4th DCA 2016)
  …w; (2) breach of that duty; (3) injury or damage recognized by law; and (4) a sufficient causal connection between the injury and the breach of duty. See, e.g., Clay Elec. Coop., Inc. v. Johnson, 873 So. 2d 1182, 1185 (Fla. 2003); Horton v. Freeman, 917 So. 2d 1064, 1066 (Fla. 4th DCA 2006). In a medical negligence action, the alleged wrongful act, or breach of duty, must be directly related to the improper application of medical services to the patient and to the use of professional judgment or skill. The co…
• Eagletech Commc'ns, Inc. v. Bryn Mawr Inv. Grp., Inc., 79 So. 3d 855 (Fla. 4th DCA 2012)
  …the trial court abused its discretion in dismissing its complaint with prejudice rather than with leave to amend. We agree. Eagletech was never given an opportunity to cure the defects in the pleading found by the trial court. See Horton v. Freeman, 917 So. 2d 1064, 1066 (Fla. 4th DCA 2006) (“[T]rial courts must generally afford a litigant an opportunity to cure a defect in the pleading before dismissing it with prejudice.”); Gladstone v. Smith, 729 So. 2d 1002, 1003 (Fla. 4th DCA 1999) (“A claim should not be…